John Tomlinson

John of Wills Creek, husband of Hannah, was born about 1740, most likely in Maryland. He was named the son of Joseph and Rebecca Swearingen Tomlinson in the Tomlinson Family Records. He was also named brother of Nathaniel Tomlinson, in Nathaniel’s will, and brother of Samuel in a 1778 Wills Town land deed, deeded to him after Samuel was killed by Indians in 1777.

Joseph deeded to each of his sons a tract of land called Wills Town and to Jesse a tract of land called Good Will. John settled on his Wills Town land thus giving him the name John of Wills Creek. John and his brother, Benjamin, in 1785, had their Wills Town land surveyed. Wills Town was formally called Willisses Town and was located about three miles from Fort Cumberland on the west side of the Wills Creek fork. The Wills Town Hundred as it was also called, was a site of an old Shawnee Indian settlement, named after an Indian, found there at the mouth of Caiucuctuck Creek. Wills Creek was a tributary of the north Branch of the Potomac and was originally known as Caicuctuc.

In 1788 John patented 229 acres on Wills Creek in Bedford county, Pennsylvania and named it Denmark. It seems to be clear that John owned property on Wills Creek in both Pennsylvania and Maryland.

John was a surveyor, like his father, and surveyed the military lots in 1788 in Allegany county, Maryland west of Fort Cumberland. These lots were offered by the State government to volunteers in the Continental Army. In 1771 John was described as a mill wright of Frederick county Maryland. Interesting enough a 1775 tax record of Cumberland Valley Pennsylvania mention of a Tumilson Mill and three years later the tax record lists a John Tumblson Sr. to have a total of 650 acres and a John Tumblson Jr. to have 50 acres.

John Tomlinson took the patriot’s oath of fidelity and support in Washington County, Maryland, in 1777. A local history said John and Benjamin moved from Bedford County Pennsylvania about the end of the Revolutionary War.

By 1793, John had accumulated more than 1,864 acres in the Third district, where his brother, Benjamin, had 371. The names of some of his tracts describe their geographical and economic characteristics and at least two were low alluvial land along a river known as bottoms. Wills Town, Horrible Bottom, Rock Point, Sampson Riddle, Late Discovery, Look Sharp, Mill Seat, Little Worth and Walnut Bottom was names of some of John’s land.

Family tradition says John was married twice and his first marriage issued John , Joseph and Lucy. I have yet to find a record that mentions another wife. If John’s birth date is correct, John would have been of age to marry in about 1759. Hannah released her dower on the 1814 Wills Town deed which was first deeded to John in 1771, thus she was married to John by 1771, at which time John was about 32. There is about 12 years from the time he would have been old enough to marry, and the 1771 deed, depending on when he married Hannah, there could leave enough time for John to have another family.

Family tradition says John’s second marriage was to Hannah Devore. The Tomlinsons and the Devores lived near each other in Wills Town. There was a lot of business conducted between the two families. In one incident, Jacob Devore was a witnesses to Hannah’s will dated 17 January 1839. In another, Cornelius Devore of Bedford County, Pennsylvania bought land from Joseph Tomlinson Jr. in the upper part of the fifth lot in Wills Town on 19 February 1784, putting him on the west side of Wills Creek near John and Benjamin Tomlinson. Also Hannahs’s granddaughter, Margaret Tomlinson, married James Devore, son of Charity Devore of Bedford, Pennsylvania and Philip Devore of New Jersey. In a Pennsylvania Supreme Court case of the Respublica (commonwealth) against John Devore in April 1795, John Tomlinson is the freehold of 140 acres, wooded and arable land, and was renting it to John Baker. John Baker in turn permitted Cornelius Devore to come in to possession of the land in 1792. John Devore cultivated the land for his brother, Cornelius, but no one lived on the land. John Tomlinson asked John Devore in 1793 to accompany him to the farm and then there at the farm he asked John Devore to give him his possessions. John Devore refused and said he could not, for the right was his brother’s, Cornelius Devore. John then laid his hand gently on him and desired him again to deliver up the possession. John Devore stepped back and picked up a stick and bid him stand off. John who admitted he felt no fears but expected to be struck if he pressed him further. All in all in the end, the judge ruled in favor for John Devore. The judge went on to say John Devore was invited on the land by John Tomlinson for the purpose of provoking him to some act of outrage and Baker was certainly guilty of allowing Cornelius to obtain possession of the land  and Tomlinson should have remedied the problem through the procedure under the landlord and tenant act.

John was the first of his three brothers to be elected to the Maryland House of Delegates of Allegany County. He served in 1790 and 1799. and also served as Justice of the Peace in Allegany County in the year 1829.

In 1794 John Tomlinson, yeoman, was in a dispute with James Dodsworth, miller. John was found guilty on the 20^th of October of 1794 of slander for accusing Dodsworth of theft of wheat from another miller, John Meaning. Later arbiters William Shaw and Charles F. Broadhag then granted John recovery in Dodsworth v. John Tomlinson, yeoman, for debt. Then in John Tomlinson v. James Dodsworth, miller, for non-payment of debt, the verdict was guilty and Moses Baird was surety for Dodsworth.

John Tomlinson was a miller, a surveyor, a legislature, a yeoman, a landowner and also a slave owner. On May 17, 1805 John Tomlinson listed the following slaves brought by him from the Territory of Columbia, James about 40 years of age, Sarah about the same, Ann nine years of age, Lantz about seven years old, Elisha about three years of age and Tom about four months. He intended these slaves to work his lands in Allegany County.

In the following years before John’s death in 1833 John deeded much of his property to members of his family. John was making sure those people received what he wanted them to have. He knew wills could be contested and changed. He knew there was a good chance that would happen, so he conveyed much of his property before he died. The last deed he transacted was to Jessie Tomlinson of John in which he deeded Jessie 10 acres of “Pine Lick” bordering Nothing Left and Will Town for $80.

John Sr for the last 10 to 15 years of his life had a sore leg in which Jesse and his children helped John Sr by and was there for him. On Monday May 27 1833 John Sr. signed over $1,000 in notes to his grandchildren, John died the Friday after that May 27 , 1833 in early June.

About two and half months after Johns death on Thursday the 22 of August, Hannah Tomlinson, widow and Jessie her youngest son went before Allegany county court to file for letter of administration on the estate of John Tomlinson, Dec. The Saturday August 31 the court denied her request and granted administration to Thomas I McKaig.

An inventory of John’s goods and personal estate was appraised on August 31, 1833. It consisted of 3 milk cows, 7 small shoats,13 hogs, 25 sheep, a bay mare, hay bushel , 26 lb. wool, a small spinning wheel, wool wheel and reel, cotton wheel, jerk, a coffee mill, a coffee pot, a tub, a tin cup, iron pot, copper pot, 6 earthen crock, a funnel, a tea kettle,2 ladles, waiter, 2 pot trammels, a lot of old iron, square box, 2 tin buckets, an ax, iron sledge, a lb. steel yards, tin buckets, trowel and tangs, 6 chairs, a desk and book case, 3 tables, queen ware, one tin cup, a Franklin bedstead, 2 beds with bedding and bedsteads , a bureau , iron and holder, 4 candles, candle and stand.

Sale of John personal estate was conducted on September 10, 1833. Hannah Tomlinson bought the bureau, bedding, 1 cow, jerk, iron and holder, tea kettle, iron pot, 2 pot trammels , 2 tin buckets, coffee mill, earth crock, and chairs.

A dispute then arose between Jesse Tomlinson and his children and the administrator Thomas I McKaig in regards to a $1,000 note and land called Last Chance The dispute went to the Chancery court on October 31 1836. The object of the file in this case was to obtain a decree, declaring a certain single bill made on May 27, 1833 fraudulent and that a certain real estate called Nothing Left, be sold. John Tomlinson in his last days, being ill, turned over the $1,000. promissory note from John Buchanon to his son Jesse for his grandchildren. McKaig wanted to prove John Sr. was incapable of making a valid deed or contract in his last days of life. The court then ordered Jesse Tomlinson to appear in court before the third Monday of April 1837 to give his cause to the matter. This court order was to be published once each week for three successive weeks before the 20^th of December 1836 in a newspaper printed in the town of Cumberland .

In the November court session of 1836 the following witnesses were called before the jury courtroom to give testimonies regarding the last few days before John died. The witnesses called were Roger Taylor, Peter and Mary Kreaghbanm, John M Buchanon and Cornelius Devore. Some of the pages are missing from this court record but a lot is still intact. The first part of Roger Taylor’s testimony is missing. It starts “At different times he was unwell. He had a sore leg and a sore arm. I heard the old man say that he waited on him a good deal and that he wished to make him some satisfaction for it. He said this, a good while before the assignment. I do not know particularly whether he was fond of John. He was fond of all his grand-children. I thought he appeared to be fonder of his namesakes than others. He did not like Samuel and Jacob’s conduct, heard him say so, he did not like their getting drank. I heard him say that he would wish to dispose of some land he gave John a deed for, that he did not wish Samuel to get hold of it, and that he wished to convert his lands into money that he might do as he pleased with it, that he did not wish Samuel to get hold of it, that he got drunk and cut his arm. This conversation took place in his ordinary heath and must have been a year or two before his death and after that he did deed the said lands to his son Jesse John and to his son John John. I do recollect that he said he wished to die his own executor. By this I understood him to mean that he wished to settle his own affairs”.

The next witness was Peter Kreaghbanm and he testified “ I have known Mr. McKaig for about five years and John Tomlinson and his grandchildren fifteen Years. I know that he is dead , I was present when he died and helped to lay him out, I do not recollect the precise time but it is between four and five years. I was there one evening it was the same day the notes were altered in Cumberland. The night I was there he never spoke a word except he wanted to get up or be laid down. If any one asked him if he wanted any thing he would say yes or no, sometimes he opened and closed his eyes. He was very much enfeebled and would draw a very long breath. I thought he was dying. I cannot tell what was his state of mind. He was too weak to attend to business. I cannot tell whether he was easily influenced or whether any of his grand children did influence him. I was there the night of his death. I got there just at dusk, the evening before he died. He was in the same state of mind as when I saw him before. He could not rise in his bed without assistance, nor sit up when raised, he was as helpless as a child……….” The rest of the testimony from this witness is missing.

The next pages are of the next court date Monday the 18^th of December 1836. George McVicker witness on the part of the defendants saying “ That he does know the parties , cannot say how long, but has known them some time, six or seven years. He was present when the assignment was made and that exhibit C is a true copy of said assignment . Mr. Buchanon talked with the old gentlemen and asked him if he wished this money, which he was then assigning to Jesse’s children to be for the present children or if he should have any other children whether they should have or not. Mr. Tomlinson answered No he wished it for the present children. Mr. Buchanon wrote the assignment in presence of the witnesses and the old man. He was held up in the bed by James Robison and young John Tomlinson. Mr. Buchanon then read the assignment and asked him if it was as he wished. I think the old man said it was. Mr. Buchanon then reached him the pen and he made his mark. I do not know whether his hand was directed or not but I think it was. I think it was put to the place. He said nothing after he made his mark until he was laid down in bed, immediately after which all the witnesses sighed it as witnesses. The old man was not looking at the witnesses while they were signing that I know of but I suppose that he knew that they were signing. The old man was in a very low state at that time I cannot say that I saw any improper influence connected upon him He had a sore leg which was very painful and had been sore from ten to fifteen years. His grandson, John, was very careful in waiting on him. I think he was very fond of John and I have heard him say that Jesse, and Jesse’s children had done more for him than any of his other children. I do not think it was more than two days after the assignment that he died, it was the Friday night after that, he died. He was very much against Samuel and Jacob and I think I heard him say that he would never do any thing for Jacob. The Friday evening before he was taken sick I Heard him say that he wished to die his own executor, I thought he meant that he wished to settle all his business before his death, so that no one would be put to the trouble of settling his affairs after he was dead. I know nothing as to him and his wife. After the assignment , Mr. Buchanon asked him what he wished done with the notes which were assigned. I think he said that he wished them to be given to his son Jesse. I did not hear them ask him anything except once, I heard John ask him if he wished him to have the old mare as they had been talking about it and he said Yes. This conversation was four or five days before the assignment. During his sickness, I do not think that he was at all times in a sound mind and I will tell you my reason, he wished to have a bucket of boiling water to put his leg in. This conversation I think took place either the night before or the night of the assignment. That night he frequently called for boiling water to put his leg in, his leg was very painful and had mortified and appeared to be the greatest part of his misery. They took him in an other room and warm water was brought him, he put his hand in it and appeared to be angry, because, as he said, it was not hot enough. I suppose he thought the water would relieve his leg . From this time to his death I can hardly think he was capable of doing business. I could see nothing during the whole of his sickness, which showed that he was deranged, except the hot water. He talked continually, during his sickness, of the notes until the assignment was made after which he said no more about them. In his conversation he said nothing about the assignment but wanted new notes drawn. Judging from the previous conversation which I had with him, when in health I thought that he had an idea of what he wanted done.

They met again on Thursday December 21^st and John M Buchanon gave the following testimony.

I know them both and I have been in the county fourteen years and have known Jesse Tomlinson the most of that time. He died in the early part of June eighteen hundred and thirty three. I do not recollect distinctly but I an under the impression that his grandson, John, of Jesse, stood behind him and steadied or directed his hand in assessing his mark to said assignment. I know nothing about his conduct and do not believe that he was in sane, although from protracted indisposition and the infirmities of age, for the was upwards of ninety, as he told me, he had, in a great measure lost his reasoning faculties and was not capable of disposing of any amount of property that required the exercise of his judgment. I would answer that his mind was in that state owing to causes set forth in the answer to the preceding interrogator and that it could be operated upon by those by whom he was immediately surrounded and for whom he had formed an attachment. By those who surrounded him I mean Jesse Tomlinson and his children. I think I heard John Tomlinson, son of Jesse say that he might have induced his grandfather to give him the thousand dollars just as easy as what he did give him. I am induced to believe he would, from the fact that he told me repeatedly, whilst in a healthy condition that he wanted the interest accruing on this money, to be paid to his wife, she outlived him, and the old man told me that he intended to leave this interest and his black girl, Phebe, to the old woman, his wife, as long as she lived and he thought that this with her thirds off the land would be sufficient to support her. He was afflicted with a sore leg. In the winter off eighteen hundred and thirty or thirty one his son Samuel cut his wrist with a butcher knife, Samuel Tomlinson came to me and asked me if I had a butcher knife, I told him I had. I was keeping store near there at the time ,I sold him a butcher knife and I ……..The rest is missing.

The jury came to the verdict that John was not capable of making a valid contract. Jesse Tomlinson and John Buchanon were to hand over the notes to the Administrator of John’s estate . On December 10, 1839, the fourth account of John’s estate was recorded and the money was paid out to pay costs of the Administration. What was left from the estate went to Hannah, Jacob, Jesse Tomlinson, and “10 heirs names unknown.” Our Great, Great , Great Grandfather, Samuel, was one of the “10 heirs names unknown.”

Hannah filed her will on May 30, 1839, and it was proven June 11, 1839. Hannah died between January 17 and May 30, 1839, she left the whole estate to her son, Jacob Tomlinson, and I have found no record of it being contested.